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FEMA Statutory Exclusions

The following actions are statutorily excluded (STATEX) from NEPA and the preparation of environmental impact statements and environmental assessments by section 316 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, 42 U.S.C. 5159.

Statutorily Excluded from NEPA

Actions falling within the bounds of these statutory exclusions are exempt from NEPA, including all NEPA review and documentation. These actions must, however, still comply with all applicable environmental laws and Executive Orders.

  1. Action taken or assistance provided under sections 402 (General Federal Assistance), 403 (Essential Assistance), 407 (Debris Removal) or 502 (Federal Emergency Assistance) of the Stafford Act; and
     
  2. Action taken or assistance provided under section 406 of the Stafford Act that has the effect of restoring facilities as they existed before a major disaster or emergency.

Section 406: Repair, restoration, reconstruction or replacement of a facility damaged or destroyed.
These 406-funded activities must take place on the same site as the damaged facility and conform substantially to the pre-existing condition. Also, the proposed facility must conform substantially to the pre-existing footprint and location on the site of the pre-existing damaged facility. Alternate or improved projects not meeting the above criteria do not fall within the STATEX, and require NEPA review.

Last updated June 20, 2020